Fallin v. Baltimore County MD

CourtCourt of Appeals for the Fourth Circuit
DecidedMay 2, 1997
Docket96-1059
StatusUnpublished

This text of Fallin v. Baltimore County MD (Fallin v. Baltimore County MD) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fallin v. Baltimore County MD, (4th Cir. 1997).

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-1059

In Re: GLEN MARCUS FALLIN,

Appellant. _________________________

ROBERT DICARLO, Plaintiff,

versus

BALTIMORE COUNTY, MARYLAND, a municipal corporation; WESLEY P. MARTIN, individually and in his official capacity as an employee of the Department of Recreation and Parts of Baltimore County,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. M. J. Garbis, District Judge. (CA-95-556- MJG)

Argued: April 7, 1997 Decided: May 2, 1997

Before LUTTIG and WILLIAMS, Circuit Judges, and DUFFY, United States District Judge for the District of South Carolina, sitting by designation.

Dismissed by unpublished per curiam opinion. ARGUED: Glen Marcus Fallin, Westminster, Maryland, for Appellant. Gregory Edward Gaskins, Assistant County Attorney, BALTIMORE COUNTY OFFICE OF LAW, Towson, Maryland, for Appellees. ON BRIEF: Virginia W. Barnhart, County Attorney, BALTIMORE COUNTY OFFICE OF LAW, Towson, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant Glen Marcus Fallin appeals from the district court's

order that, pursuant to 28 U.S.C. § 1927, he pay sanctions of

$540.50 arising out of his legal representation of Robert DiCarlo

in a suit brought by DiCarlo against Appellees Baltimore County,

Maryland and Wesley P. Martin. Under our well-established prece-

dent, the order of sanctions against Fallin is not appealable

absent a final judgment in the underlying litigation. See Wheeler v. Anchor Continental Inc., 622 F.2d 94, 95 (4th Cir. 1980); Under-

writers at Lloyd's v. Suburban Trust Co., 666 F.2d 55, 58 (4th Cir.

1981). Because no final judgment has been rendered in this case,

we dismiss Fallin's appeal for lack of appellate jurisdiction.

SO ORDERED

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